The Individual Business Owner's Responsibility to the Environment of the Community

The Gemara relates: Rav Yosef had certain small palm trees [talei], and

bloodletters would come and sit beneath them and perform their work there, and crows would come, eat the blood, and fly up to the palm trees and damage the dates. Rav Yosef said to the bloodletters: Remove these crowing birds from here, i.e., leave in order to avoid further damage. Abaye said to him: But it is an indirect action, as the bloodletters themselves are not damaging the dates. Rav Yosef said to him that Rav Tovi bar Mattana said as follows: That is to say that it is prohibited to cause even indirect damage. Abaye said to Rav Yosef: But they have established an acquired privilege to use that particular spot for their work. Rav Yosef replied: Doesn’t Rav Naḥman say that Rabba bar Avuh says: There is no acquired privilege of use in cases of damage, i.e., an established situation may not be allowed to continue in the event that damage results. Abaye inquired further: But wasn’t it stated with regard to that statement of Rav Naḥman that Rav Mari said it is referring specifically to smoke, and Rav Zevid said it is referring to a bathroom? In other words, this principle was stated specifically in the context of damage caused by these substances. Rav Yosef said to him: For me, as I am sensitive, these are like smoke and a bathroom to me, which is why I have the right to demand that the bloodletters leave.

(9) One must distance animal carcasses, and graves, and a tannery [haburseki], a place where hides are processed, fifty cubits from the city. One may establish a tannery only on the east side of the city, because winds usually blow from the west and the foul smells would therefore be blown away from the residential area. Rabbi Akiva says: One may establish a tannery on any side of a city except for the west, as the winds blowing from that direction will bring the odors into the city, and one must distance it fifty cubits from the city.